Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 28, 2025
CASE NO(S).: OLT-25-000444
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: See Schedule 1 - Appellant list
Applicant: Carol Shelby Gill
Subject of appeal: Approval of a Development Permit application to undertake a lot severance resulting in a new lot, and a retained lot, from an existing lot that supports a single dwelling and municipal servicing
Reference No.: APP-2024-00207
Property Address/Description: 58 Tremont Drive
Municipality/Upper Tier: St. Catharines/Niagara
OLT Case No.: OLT-25-000444
OLT Lead Case No.: OLT-25-000444
OLT Case Name: Roselli v. Ontario (Niagara Escarpment Commission)
Heard: August 21, 2025 by Video Hearing
Parties
Representative
Ralph Roselli
Self-represented
Jane and Adrian Barnet
Self-represented
Anthony Alpe
Self-represented
Yu Chen
Self-represented
Ann-Marie McLatchie
Self-represented
Carol Shelby Gill
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON AUGUST 21, 2025 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) held on August 21, 2025 regarding appeals brought under s. 25(5.1) of the Niagara Escarpment Planning and Development Act regarding the approval by the Niagara Escarpment Commission (“Commission”) of a development permit application relating to the lands located at 58 Tremont Drive (“subject property”), in the City of St. Catharines. The subject property is owned by Carol Shelby Gill (“Owner”). A full list of the names of the Appellants is attached as Schedule 1 to this Order and Decision. The Commission attended the CMC as an observer.
2Only five of the 12 Appellants attended the CMC. Those who attended did not prepare Issues Lists or file a draft Procedural Order. The Hearing Officer requested that the Appellants consult and either jointly or separately prepare Issues Lists to be provided to the Owner and the Commission by no later than Thursday, October 23, 2025. The Hearing Officer further requested that, after the Owner and the Commission have had an opportunity to review and comment on the draft Issues List(s), the Parties are to file a final proposed draft Issues List(s) and Procedural Order with the Tribunal by no later than Tuesday, October 28, 2025.
3The task of a Hearing Officer on a development permit appeal under s. 25(5.1) of the Niagara Escarpment Planning and Development Act is to determine whether the decision of the Commission is correct and should not be changed. In determining whether the Commission’s decision is correct and should not be changed, the Hearing Officer will consider whether the relevant laws and policies were applied, including the Niagara Escarpment Plan and the Provincial Planning Statement, 2024.
4The purpose of an Issues List is to set out the specific matters to be adjudicated by the Hearing Officer when determining whether the Commission’s decision is correct and should not be changed. In the present case, it should identify the laws and policies that the Appellants believe were not properly applied by the Commission when making its decision. The completion of an Issues List provides a fair mechanism to ensure that all Parties are aware of the focus of the hearing and are able to properly prepare for it. It allows Parties to be able to identify the necessary witnesses and evidence to support their cases and to make relevant submissions at the hearing on the merits. Each issue on an Issues List should be short, concise, and to the point. It should precisely set out what the issue is and provide a reference to the specific law or policy that is being relied on. An Issues List should not set out a Party’s position or submissions on an issue. It should solely identify the issue to be adjudicated and provide a precise reference to the specific law or policy that applies.
5The Hearing Officer encouraged the Parties to consult and to engage in settlement discussions in an effort to resolve some, if not all, of the issues in dispute.
6The Hearing Officer scheduled a second CMC for Thursday, October 30, 2025, commencing at 10 a.m.
7The Parties and/or Participants and/or Observers are asked to log in to the hearing by video at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
8Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html.
9Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-299-1889. The access code is: 927-921-077.
10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
11THE HEARING OFFICER ORDERS THAT a second CMC is scheduled as set out above.
12There will be no further notice.
13This Hearing Officer is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
HEARING OFFICER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Schedule 1
List of Appellants
- Jane and Adrian Barnet
- Pam and Wayne Gilroy
- Ralph Roselli
- Anthony and Doreen Alpe
- Yu (Bel) Chen
- Frank and Joanne DiPalma
- Eva Jiani Huan
- Wenbin Jiang and Yahua Wang
- Anne-Marie McLatchie
- Min Ji
- Jiri and Vlastimila Soukop
- Rick Corbett